Go to AfricaBib home

Go to AfricaBib home AfricaBib Go to database home

bibliographic database
Line
Previous page New search

The free AfricaBib App for Android is available here

Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Lesotho's African marriage is not a 'customary union'
Author:Maqutu, W.C.M.
Year:1983
Periodical:The Comparative and International Law Journal of Southern Africa
Volume:16
Issue:3
Pages:374-382
Language:English
Geographic term:Lesotho
Subjects:reception of foreign law
customary law
family law
marriage law
Abstract:In Lesotho African marriage has had to co-exist with the civil or christian marriage imported into Southern Africa by European missionaries and settlers. This has caused confusion e.g. in judicial decisions concluding that a man married by custom can validly marry another wife by civil rights and live happily ever after with all these women as wives. The African marriage is potentially polygamous whil the civil or christian marriage is strictly monogamous. In the interpretation of this dualism, reliance was placed on the Republic of South Africa, as both Lesotho and South Africa shared the Roman-Dutch civil law and applied African custom to Africans. In Lesotho there is no reported case where South African decisions have been departed from. Basing itself on South African authorities, the Lesotho Court of Appeal regarded the marriage laws of both countries as identical while in fact they differ in certain respects. It is to these differences that the author draws attention through analysing several judgements in marriage cases. Notes.
Views
Cover